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SpaceX CEO Elon Musk explains why Blue Origin’s Starship lawsuit makes no sense

The battle between NASA and Blue Origin over SpaceX's HLS Starship Moon lander continues. (SpaceX/Blue Origin)

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For the first time since SpaceX competitor Blue Origin took NASA to federal court after losing a Moon lander contract to Starship and a protest over that loss, unsealed documents have finally revealed the argument Jeff Bezos’ space startup is focusing on in court.

After the details broke in new court documents filed on Wednesday, SpaceX CEO Elon Musk weighed in on Twitter to offer his take on why the arguments Blue Origin has hinged its lawsuit on make very little sense.

While one seemingly significant portion of the main complaint claiming to reveal “additional substantial errors” in SpaceX’s Starship HLS proposal was almost fully redacted, most of the opening argument is legible. In short, Blue Origin appears to have abandoned the vast majority of arguments it threw about prior to suing NASA and the US government and is now almost exclusively hinging its case on the claim that SpaceX violated NASA’s procurement process by failing to account for a specific kind of prelaunch review before every HLS-related Starship launch.

For NASA’s HLS competition, SpaceX proposed to create a custom variant of Starship capable of serving as a single-stage-to-orbit crewed Moon lander with the help of the rest of the Starship fleet – including Super Heavy boosters, cargo/tanker Starships, and a depot or storage ship. SpaceX would begin a Moon landing campaign by launching a (likely heavily modified) depot Starship into a stable Earth orbit. Anywhere from 8 to 14 Starship tanker missions – each carrying around 100-150 tons of propellant – would then gradually fill that depot ship over the course of no more than six or so months. Once filled, an HLS lander would launch to orbit, refill its tanks from the depot ship, and make its way to an eccentric lunar orbit to rendezvous with NASA’s Orion spacecraft and three Artemis astronauts.

As Blue Origin has exhaustively reminded anyone within earshot for the last five months, SpaceX’s Starship Moon lander proposal is extremely complex and NASA is taking an undeniable risk (of delays, not for astronauts) by choosing SpaceX. Nevertheless, NASA’s Kathy Lueders and a source evaluation panel made it abundantly clear in public selection statement that SpaceX’s proposal was by far the most competent, offering far a far superior management approach and technical risk no worse than Blue Origin’s far smaller, drastically less capable lander.

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The bulk of Blue Origin’s argument appears to be that its National Team Lander proposal was drastically disadvantaged by the fact that SpaceX may or may not have incorrectly planned for just three ‘flight readiness reviews’ (FRRs) for each 16-launch HLS Starship mission. While heavily redacted, Blue Origin wants a judge to believe that contrary to the US Government Accountability Office’s (GAO) fair assessment that such a small issue is incredibly unlikely to have changed the competition’s outcome, it would have “been able to propose a substantially lower price” for its lander. To be clear, a flight readiness review is an admittedly important part of NASA’s safety culture, but it ultimately amounts to paperwork and doublechecks over the course of a day or two of meetings.

All else equal, the need to complete an FRR before a launch is incredibly unlikely to cause more than a few days of delays in a worst-case scenario and would have next to no cost impact. There is no reasonable way to argue that being allowed to complete some launches without an FRR would have singlehandedly allowed Blue Origin to “[engineer] and [propose] an entirely different architecture.” Nevertheless, that’s exactly what the company attempts to argue – that it would have radically and completely changed the design it spent more than half a billion dollars sketching out if it had only been able to skip a few reviews.

Curiously, Blue Origin nevertheless does make a few coherent and seemingly fact-based arguments in the document. Perhaps most notably, it claims that when NASA ultimately concluded that it didn’t have funds for even a single award (a known fact) and asked SpaceX – its first choice – to make slight contract modifications to make the financial side of things work, NASA consciously chose to waive the need for an FRR before every HLS Starship launch. Only via purported cost savings from those waived reviews, Blue Origin claims, was NASA able to afford SpaceX’s proposal – which, it’s worth noting, was more than twice as cheap as the next cheapest option (Blue Origin).

Ultimately, it thus appears that Blue Origin may have a case to make that NASA awarded SpaceX the HLS Option A contract despite a handful of errors that violated contracting rules and the HLS solicitation. Relative to just about any other possible issue, though, it’s hard not to perceive the problems Blue Origin may or may have correctly pointed out as anything more than marginal and extraordinarily unlikely to have changed the outcome in Blue’s favor had they been rectified before the award. Most importantly, even if Blue Origin’s argument is somehow received favorably and a judge orders NASA to overturn its SpaceX HLS award and reconsider all three proposals, it’s virtually inconceivable that even that best-case outcome would result in Blue Origin receiving a contract of any kind.

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Eric Ralph is Teslarati's senior spaceflight reporter and has been covering the industry in some capacity for almost half a decade, largely spurred in 2016 by a trip to Mexico to watch Elon Musk reveal SpaceX's plans for Mars in person. Aside from spreading interest and excitement about spaceflight far and wide, his primary goal is to cover humanity's ongoing efforts to expand beyond Earth to the Moon, Mars, and elsewhere.

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Tesla CEO Elon Musk confirms Robotaxi safety monitor removal in Austin: here’s when

Musk has made the claim about removing Safety Monitors from Tesla Robotaxi vehicles in Austin three times this year, once in September, once in October, and once in November.

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Credit: @AdanGuajardo/X

Tesla CEO Elon Musk confirmed on Tuesday at the xAI Hackathon that the company would be removing Safety Monitors from Robotaxis in Austin in just three weeks.

This would meet Musk’s timeline from earlier this year, as he has said on several occasions that Tesla Robotaxis would have no supervision in Austin by the end of 2025.

On Tuesday, Musk said:

“Unsupervised is pretty much solved at this point. So there will be Tesla Robotaxis operating in Austin with no one in them. Not even anyone in the passenger seat in about three weeks.”

Musk has made the claim about removing Safety Monitors from Tesla Robotaxi vehicles in Austin three times this year, once in September, once in October, and once in November.

In September, he said:

“Should be no safety driver by end of year.”

On the Q3 Earnings Call in October, he said:

“We are expecting ot have no safety drivers in at least large parts of Austin by the end of this year.”

Finally, in November, he reiterated the timeline in a public statement at the Shareholder Meeting:

“I expect Robotaxis to operate without safety drivers in large parts of Austin this year.”

Currently, Tesla uses Safety Monitors in Austin in the passenger’s seat on local roads. They will sit in the driver’s seat for highway routes. In the Bay Area ride-hailing operation, there is always a Safety Monitor in the driver’s seat.

Three weeks would deliver on the end-of-year promise, cutting it close, beating it by just two days. However, it would be a tremendous leap forward in the Robotaxi program, and would shut the mouths of many skeptics who state the current iteration is no different than having an Uber.

Tesla has also expanded its Robotaxi fleet this year, but the company has not given exact figures. Once it expands its fleet, even more progress will be made in Tesla’s self-driving efforts.

Tesla expands Robotaxi geofence, but not the garage

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SpaceX reportedly mulling IPO, eyeing largest of all time: report

“I do want to try to figure out some way for Tesla shareholders to participate in SpaceX. I’ve been giving a lot of thought to how to give people access to SpaceX stock,” Musk said.

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Credit: SpaceX

SpaceX is reportedly mulling an initial public offering, eyeing what would be the largest valuation at the time of availability of all time, a new report from Bloomberg said on Tuesday.

It is one of many reports involving one of Elon Musk’s companies and a massive market move, as this is not the first time we have seen reports of an IPO by SpaceX. Musk himself has also dispelled other reports in the past of a similar nature, including an xAI funding round.

SpaceX and Musk have yet to comment on the report. In the past, untrue reports were promptly replied to by the CEO; this has not yet gained any response, which is a good sign in terms of credibility.

However, he said just a few days ago that stories of this nature are inaccurate:

“There has been a lot of press claiming SpaceX is raising money at $800B, which is not accurate. SpaceX has been cash flow positive for many years and does periodic stock buybacks twice a year to provide liquidity for employees and investors. Valuation increments are a function of progress with Starship and Starlink and securing global direct-to-cell spectrum that greatly increases our addressable market. And one other thing that is arguably most significant by far.”

Musk has discussed a potential IPO for SpaceX in recent months, as the November 6 shareholder meeting, as he commented on the “downsides” of having a public company, like litigation exposure, quarterly reporting pressures, and other inconveniences.

Nevertheless, Musk has also said he wants there to be a way for Tesla shareholders to get in on the action. At the meeting in early November, he said:

“I do want to try to figure out some way for Tesla shareholders to participate in SpaceX. I’ve been giving a lot of thought to how to give people access to SpaceX stock.”

Additionally, he added:

“Maybe at some point., SpaceX should become a public company despite all the downsides of being public.”

Musk has been historically reluctant to take SpaceX public, at times stating it could become a barrier to colonizing Mars. That does not mean it will not happen.

Bloomberg’s report cites multiple unidentified sources who are familiar with the matter. They indicate to the publication that SpaceX wants to go public in mid-to-late 2026, and it wants to raise $30 billion at a valuation of around $1.5 trillion.

This is not the first time SpaceX has discussed an IPO; we reported on it nine years ago. We hope it is true, as the community has spoken for a long time about having access to SpaceX stock. Legendary investor Ron Baron is one of the lucky few to be a SpaceX investor, and said it, along with Tesla, is a “lifetime investment.”

Tesla bull Ron Baron reveals $100M SpaceX investment, sees 3-5x return on TSLA

The primary driver of SpaceX’s value is Starlink, the company’s satellite internet service. Starlink contributes 60-70 percent of SpaceX’s revenue, meaning it is the primary value engine. Launch services, like Falcon 9 contracts, and the development of Starship, also play supporting roles.

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SpaceX reaches incredible milestone with Starlink program

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Credit: SpaceX

SpaceX reached an incredible milestone with its Starlink program with a launch last night, as the 3,000th satellite of the year was launched into low Earth orbit.

On Monday, SpaceX also achieved its 32nd flight with a single Falcon 9 rocket from NASA’s Kennedy Space Center.

The mission was Starlink 6-92, and it utilized the Falcon 9 B1067 for the 32nd time this year, the most-used Falcon booster. The flight delivered SpaceX’s 3000th Starlink satellite of the year, a massive achievement.

There were 29 Starlink satellites launched and deployed into LEO during this particular mission:

SpaceX has a current goal of certifying its Falcon boosters for 40 missions apiece, according to Spaceflight Now.

The flight was the 350th orbital launch from the nearby SLC-40, and the 3,000 satellites that have been successfully launched this year continue to contribute to the company’s goal of having 12,000 satellites contributing to global internet coverage.

There are over five million users of Starlink, the latest data shows.

Following the launch and stage separation, the Falcon 9 booster completed its mission with a perfect landing on the ‘Just Read the Instructions’ droneship.

The mission was the 575th overall Falcon 9 launch, highlighting SpaceX’s operational tempo, which continues to be accelerated. The company averages two missions per week, and underscores CEO Elon Musk’s vision of a multi-planetary future, where reliable connectivity is crucial for remote work, education, and emergency response.

As Starlink expands and works toward that elusive and crucial 12,000 satellite goal, missions like 6-92 pave the way for innovations in telecommunications and enable more internet access to people across the globe.

With regulatory approvals in over 100 countries and millions of current subscribers, SpaceX continues to democratize space, proving that reusability is not just feasible, but it’s also revolutionary.

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